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The Politics of Software Patents

June

11th

admin

The question of whether or not software patents are a necessity has been the subject of many debates. There are two distinct schools of thought on the subject, the first being that copyrights offer sufficient recognition to the software creator. The second thought is that unless there is complete intellectual protection, there is no incentive for a professional to consume himself or herself in the process of creating new software applications.

It is not easy for non-professionals to see the meaning or necessity of having software patents. Today, there are still people who think that copyrighting would suffice. However, if you consider the amount of time, effort and intelligence that such products demand from their inventors, it is easier to understand why the complete protection of their legal intellectual property is necessary.

There is a basic difference between copyrighting and patenting, yet both are critical when it comes to new inventions of software. The value of such programs is totally proportionate to their functional uniqueness. Unless the software is patented, it would be very easy for others to copy the core ideology and replicate its application without violating any copyrighting laws. This is because, unlike trade secrets that can be kept undisclosed for centuries, new software programs can be easily reversed, engineered and copied. Therefore, patents for software programs are crucial for the protection of this type of intellectual property. The patent usually does not cover the software itself, but its functions and deliverables. The concept of patents for software has become so popular today that a company’s status in the market is ascertained in most cases by the number of US patents it has collected under its belt from the date of the company’s inception. Many small research companies find themselves rubbing shoulders with giant software companies because of their ability to create software which is substantiated by the number of patents their portfolio includes and showcases. As a new entrant in the global market, any software company can claim and secure its niche simply by the strength of their track record, which is presented in black and white by the patents they have secured.

The main reason, for applying for software patents, is that it would prevent others from illegally copying and using your invention for profit or gain. This is the only thing standing between you and the theft of the concept, which would rob you not only of the recognition due, but also of the financial rewards that such software products could accrue for you. As soon as a software program is released, anyone could dissect and reverse engineer it in no time. Without having intellectual property law protection, no one would be able to prevent duplication of the original product.

It is obvious that software patents are essential. There is indeed no other way to ensure that the spoils of such inventions stay channeled to those who deserve to reap the rewards, i.e. the inventors. Unless this assurance was available, nobody would be motivated to invest themselves into promoting the development of new technologies. However, in this day and age patented protection is guaranteed; therefore, the technology is ultimately made available for us all to enjoy.

If you have to draw a conclusion, then it should be that it is obvious that software patents are indeed a necessity, without which the speed at which technology is developing today would not have been possible. Nobody would have chosen to use their resources to create new software products without having the assurance that they would profit from their brainchild. Knowing that you can bring about these new inventions and be protected under patent law, is definitely a plus when you have the “know how” to develop the product.

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